Comprehension
The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose 'reasonable restrictions' on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled Tribes.
Question: 1

A law was enacted by the Parliament of India which consisted of a provision making it mandatory for every person riding a two-wheeler in India, to wear a helmet, failing which such person was made liable to a fine. Mr. X, a citizen of India, was fined for violation of the said provision. Mr. X challenged the constitutional validity of the said provision. In the given situation, which of the following statements is correct?

Updated On: Jul 14, 2026
  • The provision is violative of the Constitution of India because it is a restriction on the freedom to move freely throughout the territory of India.
  • The provision is not violative of the Constitution of India because it is a reasonable restriction on the freedom to move freely throughout the territory of India.
  • Mr. X's fundamental right to move freely throughout the territory of India is violated.
  • Both (A) and (C).
Show Solution

The Correct Option is B

Solution and Explanation

When a law restricts the freedom of movement, the question is not simply whether some restriction exists, but whether it is a reasonable one enacted in the interests of the general public. Traffic and road-safety regulations are a well-recognized category of reasonable restrictions, since they reduce accidents and protect both the rider and other road users, all without stopping anyone from travelling anywhere in the country.

A helmet mandate for two-wheeler riders fits squarely within this category, it is a proportionate safety measure applied uniformly to all riders, directly serving public welfare by reducing head injuries and fatalities. It does not bar Mr. X from moving about India, it merely regulates the manner and safety of that movement. Because the restriction is reasonable and serves the general public interest, it does not amount to a violation of the fundamental right to move freely, contrary to what an option asserting outright violation would suggest.
The regulation regulates conduct incidental to the right, it does not extinguish the right itself.

The correct answer is that the provision is not violative of the Constitution of India, because it is a reasonable restriction on the freedom to move freely throughout the territory of India.

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Question: 2

A group of Indian students of XYZ University located in New Delhi, India posted on social networking sites that they would hold a demonstration outside the university campus, protesting against a recently passed law which made it compulsory for university students to wear uniforms while attending classes. The students further threatened to "use whatever means necessary" to "stop the oppression of students". Therefore, the State Authorities placed barricades around the university campus in order to restrict movement of the students carrying out the demonstration and ensuring that the demonstration does not turn violent. In the given situation, which of the following statements is correct regarding the act of placing of barricades by State Authorities?

Updated On: Jul 14, 2026
  • The act is violative of the Constitution of India because it is a restriction on the freedom to move freely throughout the territory of India.
  • The act is not violative of the Constitution of India because it is a reasonable restriction in the interests of general public.
  • The act is violative of the Constitution of India because it is restriction in the interest of students.
  • The act is not violative of the Constitution of India because it is a reasonable restriction in the interest of morality.
Show Solution

The Correct Option is B

Solution and Explanation

Restrictions on freedom of movement must be tested against the specific ground the Constitution recognizes, and here the relevant ground is the interests of the general public, which covers measures taken to preserve public order and prevent violence.

The students' own statement that they would use "whatever means necessary" gave the authorities a concrete, foreseeable risk that the demonstration could turn violent. Barricading the campus was a measured, situation-specific response calibrated to that risk, intended to contain the protest and prevent harm to participants and bystanders alike, not a blanket ban on movement. Because this response is properly grounded in protecting general public order and safety rather than in narrower or unrelated grounds such as protecting "students" specifically or upholding "morality," which do not fit these facts at all, it qualifies as a reasonable restriction in the interests of the general public.
An outright finding of violation would ignore the very real threat of violence that justified the authorities' response.

The correct answer is that the act is not violative of the Constitution of India, because it is a reasonable restriction in the interests of general public.

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Question: 3

The appropriate authority in a State passed an externment order against Mr. A, a citizen of India. The externment order prohibited Mr. A, from residing within the State, from the date specified in such order. The externment order was passed by virtue of powers conferred on the appropriate authority by law, and the constitutional validity of this law had been upheld by the Supreme Court of India. The externment order was passed on the ground that Mr. A was found to be frequently engaged in illegal business of narcotic drugs and was also involved in several cases of riot and criminal intimidation. In the given situation, which of the following statements is correct regarding the externment order?

Updated On: Jul 14, 2026
  • It is a reasonable restriction on Mr. A's fundamental right of free movement throughout the territory of India.
  • It is an unreasonable restriction on Mr. A's fundamental right of residence and settlement in any part of India.
  • It is violative of Mr. A's fundamental right of free movement throughout the territory of India.
  • It is an unreasonable restriction on Mr. A's fundamental right of free movement throughout the territory of India.
Show Solution

The Correct Option is A

Solution and Explanation

Externment laws that keep a person of established bad character, such as someone habitually engaged in narcotics trafficking or criminal intimidation, out of a particular area or State are a recognized preventive tool used in the interest of public order and safety. Where such a law has already survived constitutional challenge, individual orders passed under it start from a position of presumed validity, and the question becomes whether the specific order is a reasonable application of that law.

Here, Mr. A's externment rests on his repeated involvement in illegal narcotics dealing and multiple instances of riot and criminal intimidation, serious, recurring criminal conduct that directly threatens public order. That is a substantial and proportionate ground for excluding him from residing in the State, which operates as a restriction on his ability to move into and remain within that State. Because the restriction is grounded in the interests of the general public and rests on a law already judicially upheld, it is reasonable rather than excessive, so it cannot correctly be labelled "unreasonable" or an outright "violation" of his right, nor is the residence-and-settlement framing the accurate one, since the order's operative effect is on his movement into the State.

The correct answer is that it is a reasonable restriction on Mr. A's fundamental right of free movement throughout the territory of India.

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Question: 4

Mr. Z, a citizen of India, was issued a passport on June 1, 2020 by the Passport Office. Mr. Z was due to travel to Spain on July 15, 2021. On July 11, 2021, Mr. Z received a letter from the Regional Passport Officer intimating him that it was decided by the Government of India to seize his passport "in public interest". Mr. Z was required to surrender his passport within seven days of the receipt of that letter. In the given situation, which of the following statements is correct?

Updated On: Jul 14, 2026
  • Mr. Z can challenge the letter on the ground that it is violative of his fundamental right of free movement throughout the territory of India.
  • Mr. Z can challenge the letter on the ground that it is violative of his fundamental right to reside and settle in any part of India.
  • Mr. Z can challenge the letter on the ground that it is violative of the law relating to passports in India.
  • Mr. Z cannot challenge the letter on the ground that it is violative of his fundamental right(s) of free movement throughout the territory of india and/or to residence and settlement in any part of india.
Show Solution

The Correct Option is D

Solution and Explanation

The starting point is to identify exactly what the two relevant fundamental rights protect: the right to move freely throughout India, and the right to reside and settle in any part of India. Both are, by their own text, limited to movement and residence within the territory of India, they say nothing about a right to travel to or reside in a foreign country.

Mr. Z's passport was seized just before an overseas trip to Spain, so what is actually affected is his ability to travel abroad, an entirely different interest from moving around within India or choosing where to live within the country. Since the seizure does not stop him from travelling freely within India or from residing anywhere within it, neither of these two fundamental rights is factually engaged, and a challenge built on either of them cannot succeed. This does not mean Mr. Z has no possible recourse at all, other grounds such as the Passports Act's own procedural requirements might be available, but the two specific fundamental rights concerning internal movement and residence are simply the wrong tools for a dispute about international travel.
Options framing this as a violation of internal movement or residence rights therefore misidentify the right actually at stake.

The correct answer is that Mr. Z cannot challenge the letter on the ground that it violates his fundamental rights of free movement or residence and settlement within India.

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Question: 5

Which of the following statements is incorrect?

Updated On: Jul 14, 2026
  • Fundamental right to movement and residence in any part of india are sacrosanct and are guaranteed to all citizens.
  • Fundamental right to movement and residence in any part of india are sacrosanct, but are guaranteed subject to reasonable restrictions on such rights.
  • Reasonable restrictions may be imposed, on fundamental rights to movement and residence in any part of india, by law.
  • The constitutional validity of a law imposing reasonable restrictions on fundamental rights can be challenged by a citizen before the legislature.
Show Solution

The Correct Option is D

Solution and Explanation

For an "identify the incorrect statement" question like this, it helps to isolate the one factual or procedural claim that can be independently verified, here, that is Option D's claim about where a citizen challenges a restrictive law.

Options A, B and C together describe an accurate and internally consistent picture, the rights are sacrosanct yet not absolute, and reasonable restrictions on them may be imposed through law. None of these misstates the constitutional position, so none of them is the incorrect statement.
Option D departs from this picture by claiming that the constitutional validity of such a restrictive law is challenged "before the legislature." That is not how judicial review works, the power to test whether a law's restrictions are constitutionally reasonable rests with the courts, not with the legislature that passed the law. A legislature is not a forum for adjudicating the validity of its own enactment, that function belongs squarely to the judiciary.

The correct answer is Option D, since the validity of such a law is properly challenged before the courts, not before the legislature.

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